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2023-11-16 Handwritten MinutesCITY OF OKEECHOBEE, FLORIDA NOVEMBER 16, 2023, BOARD OF ADJUSTMENT MEETING HANDWRITTEN MINUTES BY PATTY BURNETTE I. I CAI�L TO ORDER �1ooyp called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, November 16, 2023, at r' ` `� P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. II. ATTENDANCE PRESENT ABSENT MOVED TO Chairperson Dawn Hoover ✓ VOTING Vice Chairperson Doug McCoy ✓ POSITION Board Member Phil Baughman ✓ Board Member Carl Berlin Jr. Board Member Karyne Brass ✓ Board Member Mac Jonassaint ✓ Board Member Jim Shaw ✓ Alternate Board Member Jon Folbrecht ° Alternate Board Member J. Dean Murray V/ VIA ZOOM City Attorney Gloria Velazquez V City Administrator Gary Ritter City Planning Consultant Ben Smith Board Secretary Patty Burnette General Services Secretary Keli Trimnal III. AGENDA A. asked whether there were any agenda items to be added, deferred, or withdrawn. There were y1a71Q_- B. Motio by Board Member 16WZ , seconded by Board Member oc (0g to approve the agenda as presented. (� Chairperson Hoover Vice Chairperson McCoy , Board Members Baughman , Berlin , Brass Jonassaint , Shaw Motion Carried/Denied. i�? (� I (�► . '16n CwLs IV. MINUTES A. Motion by Board Memberseconded by Board Member to dispense with the reading and approve the September 21, 2023, Board of Adjustment Regular Meeting minutes. Chairperson Hoover Vice Chairperson McCoy Board Members Cj Baughman , Berlin Brass , Jonassaint Shaw Motion Carried/Denied. V. kw t OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT A. Deferred from the September 21, 2023, Meeting, Special Exception Petition No. 23-001- SE requests to allow a drive -through service in a Heavy Commercial (CHV) Zoning District, (Ref. Code Sec. 90-283(1)), located within the 1200 block along the North (N) side of N Park Street/State Road 70 E, just West of the eastern City Limits/Northeast 13'h Avenue. The Applicant would like to develop a restaurant with drive -through service. 1. Notary Public Patty Burnette administered an oath to: P. Burnette Handwritten Minutes, November 16, 2023, Page 1 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly reviewed Staff Report. Applicant is requesting for consideration by the City of Okeechobee Board of Adjustment a Special Exception for a drive through service in association with a Culver's restaurant in the CHV zoning district. A concurrent site plan application (23-004-TRC) has been submitted, approval of which should be contingent upon approval of this special exception request. The subject site is Lot 2 of the recently approved Park Street Park Commerce plat (23-003-TRC). Cpra)ba 05,011 01) Ct P 00/,rAI Planning Staff's responses to the Applicant's presentation on consistency with LDR's are, the subject property is located with direct frontage on SR-70, one of the City's main commercial corridors, and within the recently approved commercial subdivision plat. Direct access is proposed to SR-70, surrounding uses are all existing and proposed commercial uses; location and site are appropriate for drive -through restaurant use and are compatible with the surrounding properties. A detailed analysis of the site design is provided with the staff report for the companion site plan application, 23-004-TRC, which includes recommendation for approval of that site plan. The plan is consistent with the city's landscape buffer requirements and little buffering should be necessary to ensure compatibility with the surrounding commercial uses. A foreseeable negative impact is related to the potential for vehicle stacking to exceed the limits of the site and cause traffic congestion. However, the Applicant has provided a queuing analysis/statement demonstrating that adequate stacking capacity is available onsite to accommodate the estimated peak demand. Infrastructure plans for the proposed plat, will address the availability of utility infrastructure to the site. Letters of availability have been provided from OUA indicating plant capacity is available. "Restaurant, takeout restaurant, cafe" is a permitted principal use within the CHV district, per LDR Section 90-282(3). The drive -through service, proposed for Culver's, is listed as a special exception use in the CHV district, as stated in LDR Section 90-283(1). It is not expected that this use will create any disturbance or adverse effects on the public interest. The subject site and location are reasonably appropriate for the proposed use and should have no effect on urbanizing land use patterns. The Applicant is proposing infill development, which will not be detrimental to urbanizing land use patterns. The proposed Culver's drive through will be located within the Park Street Commerce Center along SR-70, which will support a mix of commercial uses. Subject property is an ideal location for commercial infill development, consistent with the existing and proposed development pattern to the North, East, West, and further South. The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent properties. No nuisances or hazards are expected that will require special screening and will not include a residential component therefore, no direct effects on density patterns and public -school facilities are expected. Review of the site plan and the infrastructure plans associated with the plat will ensure that all stormwater management standards are met. Based on the materials and statements provided by the applicant and the foregoing analysis, we recommend Approval of this special exception request for a Drive-thru service in association with a Culver's restaurant in the CHV district. P. Burnette Handwritten Minutes, November 16, 2023, Page 2 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED P. Burnette Handwritten Minutes, November 16, 2023, Page 3 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 3. M--Adam-Ramsay, Registered Ag_ent._Park Street Okeechobee. LLC was present and available for questions. V. Cs We tlwel 4. No public comments were offered. 5. No Ex-Parte disclosures were offered. ----- � a a1� den U fos fo_ .fit fiDm vv tan J ��jj n v0 veci Sumtk%pA ► rl QVOWc.IJ Pho 9-C f o� 6. Motion by Board. -AA -ember ' seconded by Board Member to approve; Special Exception Petition No. 23-001-SE as presented in [Exhibit 1, which includes the standards and findings as required for granting Petitions per Code Section 70-373, and the Planning Consultant's analysis of the findings and recommendation for approval]. To P. Burnette Handwritten Minutes, November 16, 2023, Page 4 of 9 c Chairperson Hoover Vice CBaughman , Berlin , Motion Carried/Denied. Chairperson McCoy Board Members Brass , Jonassaint , Shaw B. Special Exception Petition No. 23-002-SE requests to allow a car wash in the Heavy Commercial (CHV) Zoning District, located within the 1200 block along the North side of N Park Street/State Road 70 E, just West of the eastern City Limits/Northeast 13tn Avenue. A concurrent site plan application (23-007-TRC) has been submitted, approval of which should be contingent upon approval of this special exception request. The subject site is Lot 1 of the recently approved Park Street Park Commerce plat (23-003- TRC). The site plan includes: • 3 vehicle entry lanes, each with a menu board for customers to select car wash options and make payment • A 4,596 sq/ft automated carwash building • 5 spaces intended for employees • 19 vacuum spaces o In addition, Applicant is also requesting that the TRC approve a parking reduction as part of the site plan approval, LDR requires 31 parking spaces for the 4,596 sq/ft. 1. Notary Public Patty Burnette administered an oath to: �v'(I6q �'(t '6vry P. Burnette Handwritten Minutes, November 16, 2023, Page 5 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM B CONTINUED 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly reviewed the Planning Staff Report. The site is located with direct frontage on SR-70, one of the City's main commercial corridors, and within the recently approved commercial subdivision plat, direct access is proposed to SR-70. The surrounding uses are all existing and proposed commercial uses, location and site are appropriate for the car wash. A detailed analysis of the site design is provided with the staff report for the companion site plan application, 23-007-TRC, which includes recommendations for approval of that site plan. The plan is largely consistent with the city's landscape buffer requirements and little buffering should be necessary to ensure compatibility with the surrounding commercial uses. Please see landscape plan included with plan set for 23- 007-TRC. y f' e V tevm� % AbIi t x!'J 0-,Rd_ 4m) i,led W f-m c. The only foreseeable negative impact is related to the potential for vehicle stacking to exceed the limits of the site and cause traffic congestion. However, the applicant has provided a queuing analysis/statement demonstrating that adequate stacking capacity is available onsite to accommodate the estimated peak demand. Infrastructure plans for the proposed plat will address the availability of utility infrastructure to the site. Letters of availability have been provided from OUA indicating plant capacity is available. Applicant has provided a queuing analysis/statement demonstrating that adequate stacking capacity is available onsite to accommodate the estimated peak demand as follows.. "Typical carwashes previously designed by applicant account for a two car drive capable of queuing 12 cars. The proposed carwash has a third lane capable of queuing 18 cars outside of the drive aisle. The carwash has 33 trips per peak hour as estimated in the traffic report. The service time per car based on the automation line is 4 minutes for the longest wash (15 cars/hr.). Assuming the peak 33 trips/hr. — 15 cars/hr. = 18 cars remaining, which fit within the que provided. This que ignores the past pay gate staging area offering an additional 6 que spaces. The carwash meets or exceeds the worse design case of queuing for automated car washing." The Okeechobee Comprehensive Plan does not contain any policies which would prohibit the requested use. Staff find that the proposed use is consistent with the Commercial Future Land Use Category, as defined within the Comprehensive Plan as stated in LDR 90-282(2). The proposed use provides another service commercial opportunity for employment and tax base for the City and is not expected to create any disturbance or adverse effects on the public interest nor influence urbanizing land use patterns with the infill development. Q,�+11OA' i'i J J r 11 q� u I ` P. Burnette Handwritten Minutes, November 16, 2023, Page 6 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM B CONTINUED The proposed car wash will be located within the Park Street Commerce Center along SR-70, which will support a mix of commercial uses. The subject property is an ideal location for commercial infill development, consistent with the existing and proposed development pattern to the north, east, west, and further south. The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent properties, no nuisances or hazards are expected that will require special screening and will not include a residential component therefore, no direct effects on density patterns and public -school facilities are expected. Review of the site plan and the infrastructure plans associated with the plat will ensure that all stormwater management standards are met. Based on the materials and statements provided by the applicant and the foregoing analysis, we recommend approval of this special exception request for a car wash in the CHV zoning district. Plan afe- ass jr�p_� -it) 44Lt P. Burnette Handwritten Minutes, November 16, 2023, Page 7 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM B 3. Mr. Ada-m-Ramsay,_ Registered Agent, Park Street Okeechobee, LLC was present and available for questions. joV1`�(' (' jj�)er� , 4. No public comments were offered. 5. No Ex-Parte disclosures were offered. box+VYLOA(� P. Burnette Handwritten Minutes, November 16, 2023, Page 8 of 9 V. QUASI-JUDICIAL PUBLIC HEA ING ITEM B CONTINUED 6. Motion by Boar ember �''' seconded by Board Member M-o C. t approve Special Exception Petition No. 23-002-SE as presented in [Exhibit 2, which includes the standards and findings as required for granting Petitions per Code Section 70-373, and the Planning Consultant's analysis of the findings and recommendation for Approval]. VIP, Chairperson Hoover Vice Baughman , Berlin , Motion Carried/Denied. Chairperson McCoy Board Members Brass , Jonassaint , Shaw CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT VI. CITY ADMINISTRATOR UPDATE VII. yet Nnovff adjourned the meeting at 6'' s P.M. P. Burnette Handwritten Minutes, November 16, 2023, Page 9 of 9 CITY OF OKEECHOBEE, FLORIDA NOVEMBER 16, 2023, BOARD OF ADJUSTMENT MEETING HANDWRITTEN MINUTES BY KELI TRIMNAL I. CALL TO ORDER :aL­ called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, November 16, 2023, at 4', oE- P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. II. ATTENDANCE PRESENT ABSENT MOVED TO Chairperson Dawn Hoover ✓ VOTING Vice Chairperson Doug McCoy ✓ POSITION Board Member Phil Baughman V Board Member Carl Berlin Jr. Board Member Karyne Brass Board Member Mac Jonassaint Board Member Jim Shaw Alternate Board Member Jon Folbrechti Alternate Board Member J. Dean Murray VIA ZOOM City Attorney Gloria Velazquez City Administrator Gary Ritter City Planning Consultant Ben Smith V' Board Secretary Patty Burnette ✓ General Services Secretary Keli Trimnal III. AGENDA A. 'C�qq�� asked whethe there were any agenda items to be added, deferred, or withdrawn. There were whether B. Motion by Board Member seconded by Board Member M(\ Q.Uo _to approve the agenda as presented. Chairperson Hoover Vice Chairperson McCoy , Board Members /Baughman Berlin Brass , Jonassaint Shaw (Motion �ried/Denied. IV. MINUTES (� A. Motion by Board Member seconded by Board Member mo 0 !y to dispense with the reading and approve the September 21, 2023, Board of Adjustment Regular Meeting minutes. Chairperson Hoover Vice Chairperson McCoy Board Members Baughman , Berlin , Brass Jonassaint , Shaw otion 7r17-- enied. V. �� OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT A. Deferred from the September 21, 2023, Meeting, Special Exception Petition No. 23-001- SE requests to allow a drive -through service in a Heavy Commercial (CHV) Zoning District, (Ref. Code Sec. 90-283(1)), located within the 1200 block along the North (N) C` C_ side of N Park Street/State Road 70 E, just West of the eastern City Limits/Northeast 13t" Avenue. The Applicant would like to develop a restaurant with drive -through service. 1. Notary Public Patty Burnette administered an oath to: K. Trimnal Handwritten Minutes, November 16, 2023, Page 1 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly reviewed Staff Report. Applicant , is requesting for consideration by the City of Okeechobee Board of Adjustment a Special Exception for a drive through service in association with a Culver's restaurant in the CH_ V zoning district. A concurrent site plan -A application (23-004-TRC) has been submitted, approval of which should be contingent upon approval of this special exception request. The subject site is Lot 2 of the recently approved Park Street Park Commerce plat (23-003-TRC). _ ?Planning Staff's responses to the Applicant's presentation on consistency with LDR's are, the subject property is located with direct frontage on SR-70, one of the City's main commercial corridors, and within the recently approved commercial subdivision plat. Direct access is proposed to SR-70, surrounding uses are all existing and proposed commercial uses- location and site are appropriate for drive -through restaurant use and 1� are compatible with the surrounding properties. b� A detailed analysis of the site design is provied dwith the staff report for the companion QQ —site- plan application, 23-004-TRC which includes recommendation for approval of that V, site plan. The plan is consistent with the citv's la_ ndscape buffer requirements and little buffering should Ye necessary to ensure compatibility with the surrounding commercial uses. A foreseeable negative impact is related to the potential for vehicle stacking to exceed 9 p p 9 the limits of the site and cause traffic congestion. However, the Applicant has provided a queuing analysis/statement demonstrating that adequate stacking capacity is available onsite to accommodate the estimated peak demand. - -- --- Infrastructure plans for the proposed plat, will address the availability of utility infrastructure to the site. Letters of availability have been provided from OUA indicating plant capacity is available. "Restaurant, takeout restaurant, cafe" is a permitted principal use within the CHV district, per LDR Section 90-282(3). The drive -through service, proposed for Culver's, is listed as a special exception use in the CHV district, as stated in LDR Section 90-283(1). It is not expected that this use will create any disturbance or adverse effects on the public interest. The subject site and location are reasonably appropriate for the proposed use and should have no effect on urbanizing land use patterns. The Applicant is proposing infill development, which will not be detrimental to urbanizing land use patterns. The proposed Culver's drive through will be located within the Park Street Commerce Center along SR-70, which will support a mix of commercial uses. Subject property is an ideal location for commercial infill development, consistent with the existing and proposed development pattern to the North, East, West, and further South. The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent properties. No nuisances or hazards are expected that will require special screening and will not include a residential component therefore, no direct effects on density patterns and public -school facilities are expected. Review of the site plan and the infrastructure plans associated with the plat will ensure that all stormwater management standards are met. Based on the materials and statements provided by the applicant and the foregoing analysis, we recommend Approval of this special exception request for a Drive-thru service in association with a Culver's restaurant in the CHV district. K. Trimnal Handwritten Minutes, November 16, 2023, Page 2 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED1 4c) 4 -\\ - � � bj+ I �T1 j WO-u-p(Do- xt,036 " y,r� act 4k6�' tA__l K. Trimnal Handwritten Minutes, November 16, 2023, Page 3 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 3. Mr. Adam Ramsay, Registered Agent, Park Street Okeechobee, LLC was present and ``available for questions. - J 4. No public comments were offered. V \ 4 (2_ 5. No Ex-Parte disclosures were offered. C O- � 7 W 1U V b to� 6. Ttion by Board Member N Via Q-- seconded by Board Member _kA-t,►a-_ to approve Special Exception Petition No. 23-001-SE as presented in [Exhibit 1, which includes the standards and findings as required for granting Petitions per Code Section 70-373, and the Planning Consultant's analysis of the findings and recommendation for approval]. K. Trimnal Handwritten Minutes, November 16, 2023, Page 4 of 9 Chairperson Hoover Vice Chairperson McCoy Board Members Bau hman_L Berlin Brass Jonassaint Shaw otion Ca Denied. B. Special Exception Petition No. 23-002-SE requests to allow a car wash in the Heavy Commercial (CHV) Zoning District, located within the 1200 block along the North side of N Park Street/State Road 70 E, just West of the eastern City Limits/Northeast 13tn Avenue. A concurrent site plan application (23-007-TRC) has been submitted, approval of which should be contingent upon approval of this special exception request. The subject site is Lot 1 of the recently approved Park Street Park Commerce plat (23-003- TRC). The site plan includes: • 3 vehicle entry lanes, each with a menu board for customers to select car wash options and make payment • A 4,596 sq/ft automated carwash building • 5 spaces intended for employees • 19 vacuum spaces o In addition, Applicant is also requesting that the TRC approve a parking reduction as part of the site plan approval, LDR requires 31 parking spaces for the 4,596 sq/ft. 1. Notary Public Patty Burnette administered an oath to: _71 CA) r) n LA- K. Trimnal Handwritten Minutes, November 16, 2023, Page 5 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM B CONTINUED 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly reviewed the Planning Staff Report. The site is located with direct frontage on SR-70, one of the City's main commercial corridors, and within the recently approved commercial subdivision plat, direct access is proposed to SR-70. The surrounding uses are all existing and proposed commercial uses, location and site are appropriate for the car wash. A detailed analysis of the site design is provided with the staff report for the companion site plan application, 23-007-TRC, which includes recommendations for approval of that site plan. The plan is largely consistent with the city's landscape buffer requirements and little buffering should be necessary to ensure compatibility with the surrounding commercial uses. Please see landscape plan included with plan set for 23- 007-TRC. The only foreseeable negative impact is related to the potential for vehicle stacking to exceed the limits of the site and cause traffic congestion. However, the applicant has provided a queuing analysis/statement demonstrating that adequate stacking capacity is available onsite to accommodate the estimated peak demand. Infrastructure plans for the proposed plat will address the availability of utility infrastructure to the site. Letters of availability have been provided from OUA indicating plant capacity is available. Applicant has provided a queuing analysis/statement demonstrating that adequate stacking capacity is available onsite to accommodate the estimated peak demand as follows.. "Typical carwashes previously designed by applicant account for a two car drive capable of queuing 12 cars. The proposed carwash has a third lane capable of queuing 18 cars outside of the drive aisle. The carwash has 33 trips per peak hour as estimated in the traffic report. The service time per car based on the automation line is 4 minutes for the longest wash (15 cars/hr.). Assuming the peak 33 trips/hr. — 15 cars/hr. = 18 cars remaining, which fit within the que provided. This que ignores the past pay gate staging area offering an additional 6 que spaces. The carwash meets or exceeds the worse design case of queuing for automated car washing." The Okeechobee Comprehensive Plan does not contain any policies which would prohibit the requested use. Staff find that the proposed use is consistent with the Commercial Future Land Use Category, as defined within the Comprehensive Plan as stated in LDR 90-282(2). The proposed use provides another service commercial opportunity for employment and tax base for the City and is not expected to create any disturbance or adverse effects on the public interest nor influence urbanizing land use patterns with the infill development. K. Trimnal Handwritten Minutes, November 16, 2023, Page 6 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM B CONTINUED The proposed car wash will be located within the Park Street Commerce Center along SR-70, which will support a mix of commercial uses. The subject property is an ideal location for commercial infill development, consistent with the existing and proposed development pattern to the north, east, west, and further south. The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent properties, no nuisances or hazards are expected that will require special screening and will not include a residential component therefore, no direct effects on density patterns and public -school facilities are expected. Review of the site plan and the infrastructure plans associated with the plat will ensure that all stormwater management standards are met. Based on the materials and statements provided by the applicant and the foregoing analysis, we recommend approval of this special exception request for a car wash in the CHV zoning district. K. Trimnal Handwritten Minutes, November 16, 2023, Page 7 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM B 3. Mr. Adam Ramsay, Registered Agent, Park Street Okeechobee, LLC was present and available for questions. �L-, *'1( 4. No public comments were offered. 5. No Ex-Parte disclosures were offered. K. Trimnal Handwritten Minutes, November 16, 2023, Page 8 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM B CONTINUED 6. Motion by Board Member - , seconded by Board Member -V�a(( toy prove pecial Exception Petition No. 23-002-SE as presented in [Exhibit 2, which inc udes the standards and findings as required for granting Petitions per Code Section 70-373, and the Planning Consultant's analysis of the findings and recommendation fo pprova . `\ Chairperson Hoover Vice Chairperson McCoy Board Members Baughman VG , Berlin Brass , Jonassaint Shaw Motion Carried/Denied. 1TII VII. 7�awl\ CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT LP c�L3 CITY ADMINISTRATOR UPDATE adjourned the meeting at 1�lI P.M. K. Trimnal Handwritten Minutes, November 16, 2023, Page 9 of 9